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WHAT IS BLOOD ALCOHOL CONTENT (BAC) FOR DUI?

 

• Blood Alcohol Content or BAC for short is the measurement of alcohol or ethanol content in your blood

 

HOW IS BAC ADMINISTERED?

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• Law enforcement use either a sample of your breath, blood, or urine to measure your BAC level. According to WebMD "alcohol is quickly absorbed into the blood and can be measured within minutes of having an alcoholic drink. The amount of alcohol in the blood reaches its highest level about an hour after drinking. But food in the stomach may increase the amount of time it takes for the blood alcohol to reach its highest level. About 90% of alcohol is broken down in the liver. The rest of it is passed out of the body in urine and your exhaled breath"

 

DO I HAVE TO CONSENT TO A BAC TEST?

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• Yes.  When you drive in California, you give the state what is known as "implied consent" to provide a chemical test after a DUI arrest per Vehicle Code §23612

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WHAT IF I REFUSE THE BAC TEST?

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• See Refusal Enhancement

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• For a First DUI:  48 hours of JAIL time​​

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• For a Second DUI: 96 hours of JAIL time

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• ​​For a Third DUI: mandatory 10 days JAIL time

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• ​​The above penalties are separate from additional penalties you may receive from the DUI conviction​

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10 REASONS WHY YOU SHOULD HIRE A LAWYER FOR A DUI

 

• The complexity and harshness of modern DUI laws and penalties

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• The complexity of modern California DMV laws including Ignition Interlock Devices or IID

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• Unfortunately, but true, prosecutors are more likely to listen to an experienced DUI defense attorney than you

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• An experienced DUI attorney can assess whether you have legal defenses to the Field Sobriety Tests or FSTs

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• An experienced DUI attorney can analyze your Blood Alcohol Content or BAC

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• An experienced DUI attorney can assess whether law enforcement had probable cause to arrest you

 

• An experienced DUI attorney can assess whether you have legal defenses to the Preliminary Alcohol Screening or PAS

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• An experienced DUI attorney can provide creative and alternative options to serving jail time

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• An experienced DUI attorney can assess whether your driver's license can be saved

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• If you hire an attorney, you may not have to appear at court. This allows you to not miss work, saving you money

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